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Bombay High CourtTP/596/2024grant issued

Pravin Ratnakar Bastikar v. Ganpat Pandurang Sankhe(Deceased)

2024-09-25S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th September, 2024 CALLED FOR DIRECTION:

21. TP/596/2024 Ms. Kavita Mungse, Adv. i/b. Yatin R. Shah for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] with WILL/250/2024 P. C. :

1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Pravin Ratnakar Bastikar being the sole Executor named under the Will of the deceased. Deceased Ganpat Pandurang Sankhe said to have died at Mumbai on 19.08.2018. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Mungse, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 08.11.2012. The said Will is in Marathi language. The Ld.

Adv. for the petitioner has filed affidavit dated 30.08.2024 for translation of the Will.

3. Ms. Mungse, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the parents of the deceased predeceased the deceased. Deceased has no other son and no other daughter. Deepak Ganpat Sankhe, son of the deceased expired since deceased Exh. E is a copy of the death certificate copy of his death certificate. Save and except as mentioned in para -9, there

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the Petitioner was not aware about legal representation to be made for obtaining Probate. The Petitioner is recently advised to file this Petition for Probate for administering the estate of the deceased. The delay caused in filing this Petition may, therefore, be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of wife, two sons and daughter, one granddaughter and one grandson of the deceased as mentioned in para 9 are on record. Affidavits of Kashinath Narayan Keni, Prashant Damodar Dhatrak and Dr.

Bhushan Damodar Pimple, all the three attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 25.09.2024